APPENDIX 2 TO THE MOTORWAY RULES APPLICABLE ON A2 TOLL MOTORWAY SECTION ŚWIECKO - KONIN

According to Art. 13 sec.1-2 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 p. 1), hereinafter GDPR, this is to inform as follows:

 

1. Personal data joint controllers

The joint controllers with regard to your personal data (hereinafter referred to  as "Personal Data") are Autostrada Wielkopolska S.A. and Autostrada Wielkopolska II S.A., with registered office in Poznan (61-248), Stanisława Zwierzchowskiego 1 (hereinafter collectively referred to as the "Joint controllers" or ‘we’). 

 

Please be informed that under the joint data controlling agreement the scope of liability of the companies Autostrada Wielkopolska S.A. and Autostrada Wielkopolska II S.A. have been agreed with respect to the compliance with the obligations arising from GDPR. In particular, the joint controllers agreed that each of the joint controllers shall be responsible for the performance of  the information obligations under GDPR and for exercising your personal data rights. Details of the arrangements between the joint controllers are available at www.autostrada-a2.pl under the Privacy Policy  („Polityka Prywatności”) tab.

If you have any queries or requests regarding the processing of Personal Data, please address the joint contact point designated by the Joint Controllers at the following e-mail address: dane.osobowe@awsa.pl. 

 

2. The goals of and grounds for processing

We are processing Personal Data in accordance with the European data protection laws and other provisions of law for the following purposes:

1. to process the tolling transactions on the A2 motorway:

2. under Art. 6 sec. 1 letter f) GDPR as a legitimate interest of the Joint Controllers; and  

3. in addition, with respect to the company Autostrada Wielkopolska S.A., given the fact that the processing of toll transactions on the A2 motorway is also the company’s legal obligation - under Art. 6 sec. 1 letter c) GDPR in conjunction with Art. 37a sec. 1 in conjunction with Sec. 1a item 3) of the Act of 27 October 1994 on Toll Motorways and the National Road Fund;

2. in order to document and ensure an adequate level of the toll collection process in the section between Świecko and Konin by means of a video surveillance  system installed at PPOs/SPOs and  recording the vehicles entering the A2 motorway - which is a legitimate interest of the Joint Controllers pursuant to Article 6 sec. 1 letter f) GDPR;

3. in order to ensure the safe use of the motorway and to protect property and respond to traffic incidents by means of a video surveillance system deployed in  specific points throughout the entire length of the Świecko-Konin motorway section, for example at Rest and Service Areas, certain interchanges or on the Poznań Bypass, which constitutes legitimate interest of the Joint Controllers pursuant to Article 6 sec. 1 letter f) GDPR;

4. with a view to consider complaints, claims, requests, notifications, etc. via the form available at Service Areas or Points of Sale and a hotline, i.e. to accept notices and reply/provide information, under  Art. 6 sec. 1 letter f) GDPR, as a legitimate interest the Joint Controllers,

5. with a view to operate Internet applications delivered by the Joint Controllers via website - under Art. 6 sec. 1 letter f) GDPR, as their legitimate interest,

6. with a view to handle social campaigns pursued by the the Joint Controllers - under Art. 6 sec. 1 letter f) GDPR, as their legitimate interest,

7. in order to determine, investigate or defend against claims which is a legitimate interest of the Joint Controllers pursuant to Article 6 sec. 1 letter f) GDPR,

8. with a view to keep accounting books and tax documentation - under Art. 6 sec. 1 letter c)  GDPR in conjunction with Art. 74 sec. 2 of the Accounting Act of 29 September 1994,

 

3. Data recipients

Your Personal Data may be received solely by the entities that provide services to us in connection with the processing of Personal Data for the purposes referred to hereinabove. Such entities shall include in the first place:

1. authorized staff of the Joint Controllersentrusted with the processing of Personal Data for the purpose of performing the duties for the Joint Controllers, 

2. the Company Autostrada Eksploatacja S.A. with registered office in Poznań (60-004), Głogowska 431  as the entity dealing with maintenance of the motorway on our behalf;

3. suppliers of technical and organizational services permitting the Joint Controllers to perform their  obligations as the entity responsible for the operation of the motorway (in particular suppliers of teleinformatics services and suppliers of services permitting tolling transactions on A2 motorway);

4. providers of legal and advisory services whenever the Joint Controllers pursue claims in connection with the business conducted or consider complaints, claims, requests and notifications,

5. providers of the IT services that deal with the maintenance of the toll collection system and the surveillance system;

6. entities providing courier, postal, forwarding or transport services,

7. public authorities that are authorized to obtain personal data in specific proceedings, in line with the applicable provisions of law

in compliance with any and all guaranteed security procedures in data transfer. 

 

4. Personal data transfer to third countries

Your Personal Data shall not be transferred to any third country (i.e. a country outside the European Union and the European Economic Area) or any international organizations.

 

5. Retention period

Your Personal Data will be processed for the time necessary to fulfill the purposes for which the data was  collected and, after the purpose of the processing has been achieved, for the time specified in the legislation and necessary for the determination, investigation or defense of claims (until the limitation periods of the claim have expired or until final and binding end of the case, if it has been instituted under the applicable provisions of law) or, if the obligation to retain such data is required by law - for the period and to the extent required by law or until effective objection is raised to the processing of data whenever our legitimate interest constitutes legal grounds for data processing.

 

In addition, in the case of:

1. data processed for the purpose of processing toll transactions - such data processing shall continue for the period until completion of the tolling process and thereafter for the period required by mandatory provisions of law or necessary to secure potential claims, 

2. data processed as part of the video surveillance - it shall be processed for no longer than 90 days, which may be extended if data protection is necessary under other provisions (e.g. at a request of a competent authority to secure the recorded image in connection with any proceedings).

 

 

6. The rights of data subjects

You have the right to access, rectify, delete or restrict personal data processing and to challenge the processing of personal data to the extent Personal Data is processed pursuant to Article 6 sec. 1 letter f) GDPR.

 

If you believe that we process Personal Data in a manner that is illegal, you have the right to bring an action before the supervisory authority (the President of the Data Protection Office). 

 

7. Information on the requirement/voluntary nature of data disclosure

Personal Data is freely given, yet certain data shall be required for the purpose of proper performance of the processes specified therein (refusal to provide personal data shall render it impossible to reply to such complaint, claim, notification, etc., to use an Internet application, to participate in a social campaign).

 

Disclosure of Personal Data with respect to a tolling transaction on the motorway is obligatory for the purpose of proper handling of such transaction. 

 

8. Automated decision-making

Your Personal Data will not be subject to automated decision-making and will not be profiled.